Skip to main content

tv   Erin Burnett Out Front  CNN  May 1, 2013 8:00pm-9:01pm PDT

8:00 pm
we want to thank anthony bourdain. where are you going this sunday? >> quebec. >> and i remember -- >> the most dangerous chefs in nor north america. >> all the sorts of rich food? >> it's not light cooking. and they -- more equals better. >> what did you eat in libya? >> lamb bbq, seafood. excellent seafood and leftover -- sort of remnants of italian cuisine. >> we have to leave it there. 9:00, parts unknown sunday? >> yes. >> great to have you on. and all of my guests. join us every night this week 10:00 eastern for our little roundtable. that's it for us.
8:01 pm
outfront next, breaking news. police tell us the wife of tsarnaev spoke with him after the bombings many. why did it take eight months for this to happen after the attack in benghazi. good evening, everyone, i'm erin burnett. sources tell cnn that catherine russell, the widow of tamerlan tsarnaev spoke to her husband after his picture was releases
8:02 pm
from the fbi. did she know it was her husband whose picture was being shown across the world on television? deb feyerick. >> it's a huge development. that's what's so interesting about this. investigators are looking into this particular phone conversation, because she did phone her husband after the video. and after the images were released. she calls her husband, not clear what was said, what is clear, is that she had an option or an opportunity to call law enforcement and that's not something she did. that put her in a whole heap of trouble. what did you do? all of that is something she's being questioned on, she's talking about the agents as well as well as attorneys and prosecutors.
8:03 pm
she is not a suspect. she's not a suspect until she's a suspect. that is how they approach this. the suspect until she's not a suspect. but, for example, investigators are at her home. they did take dna samples. so that may mean she is creating distance between herself and the tsarnaev family. also, you have to think about the association. she is very, very close to what went on in that house. she would be a great state's witness. there are so many other questions about when he was traveling, where he was traveling, how long he was traveling for, who he met with. and who may have come to their home. who was in the area? so that is a lot of information. so it was eye conversation about that moment? >> absolutely. the timing is suspicious. the fbi releases the video, tape and then she's calling her husband. so, again, we know she was working hard.
8:04 pm
this is a woman who has a charge against her for shoplifting. she has a 3-year-old child she has to worry about what is going to happen to that child. investigators have a lot of leverage in terms of what they may or may not be talking to her about and whether they're trying to get her to cooperate. but, again, you know, you don't have an fbi agent in a room meeting with prosecutors and with the attorneys if, in fact, there is not something that they need to discuss. >> now we know about this conversation which happened after the video. she called him and then did not tell law enforcement. she knew who the person was in the video about and they're living in a small apartment and they're not sure how she could not be aware. >> whether he went on the trip and away for six months, things would have likely changed. the question is what changed? what conversations was she privy to? did she know anything? if she knew that somebody is speaking about a terror act, you're obligated to report it. otherwise, you can be charged.
8:05 pm
that is clearly not something she wants. she has a child she has to think about. >> deb feyorick thank you. a significant development from one of the people from the center of the story. mark geragos joins me now, criminal defense attorney. former fbi counter-terrorism expert. great to have both of you with us. mark, obviously this is significant development f catherine russell spoke to her husband after the pictures here on national television which we're reporting she did and she did not call law enforcement and say i recognize that man. i know who he is, how damming is that?
8:06 pm
>> not very. not damming at all. she's got a spousal privilege. she can assert it. i agree with. that the fact she has a 3-year-old child, the fact she has a shoplifting charge, she's a great risk, believe it or not. somebody can go in and revoke her bail or her o.r. status -- her own recognizance status on that, and they could threaten to take away her child, by calling child protective services. those kinds of things i guarantee you are being floated and told to her. whatever lawyer she's got, i understand she's got a good one, is going to say, look, she's got absolutely no obligation to go nark out or tattle on her husband. maybe from a moral standpoint she would have wanted to do that. part of what you're seeing going on distancing herself is he's
8:07 pm
gone. there is nothing there to embrace. she's going to do what most good mothers would do and have internal instinct for her 3-year-old who i guarantee you they're threatening to take away from her. >> let me point out the legal obligation and moral obligations. you know, a lot of people watching would say, look, someone commits an act of terrorism and tries to kill more than 260 people. i don't care if the person who knows who that is was their wife or a distant relative or a random person on the street. if they knew and didn't call, how can it be that they didn't do anything wrong? >> i would have to disagree with mark. it ends when it comes to a conspiracy involving terrorism. and so she may very well, if she only knew after the fact and saw him on the news and didn't tell the fbi or local police about him, that's one thing. if she knew about any element of the plot beforehand, if she knew they were going to commit an act of terror and did nothing, now you're talking about a completely different thing. she may have contributed to this conspiracy in some way prior to
8:08 pm
the fact. a conspiracy, she loses that spousal privilege. >> i agree with that 1,000%. if they have dna and the dna comes back to her, the last thing she's going to be worried about is whether or not she called after the fact. i mean that is not going to be anybody's worry. she's going to be smack dab in the middle of a terror prosecution on the basis of conspiracy. if she didn't know anything and then learned after the fact, no, she doesn't have any legal obligation. she may have a moral obligation. >> how difficult is it going to prove conspiracy here? i mean either one of you. she lives in a small apartment. yes, she's working all the time. but our understanding is there was explosives, bomb making equipment, pipebombs scattered around this apartment. so, you know, you notice that. you are then under an obligation to say something? is that enough? is that conspiracy because someone is building bombs or not? >> somebody once said that conspiracy is one of the, you know, the arrows in a lazy prosecutor's quiver. it's so easy to prove. she's in a small -- she's in a
8:09 pm
small apartment. whether she says she should have noticed or didn't notice, her dna is on something, that's going to put her, you know, that clearly is enough for probable cause in a conspiracy. whether that's enough for a conviction is up to a jury to decide. for probable cause purposes, that's a pretty easy task. >> is there any way, obviously there is a voice mail they can try to get the phone companies to give that up at this point. it's not a voice mail. it's just a conversation. there's no way they actually can find out what happened, right? >> no, there is a way. we certainly have ways in national security investigations to find out exactly what was said in that conversation. it's not necessarily something that the fbi is going to want to present in court. but it may help lead the investigation and/or lead to questioning of her. we certainly can find that out. >> so they can actually get that? people are saying, look, that is pretty incredible what you're saying. >> no, welcome to america. all of that stuff is being captured as we speak. whether we know it or like it or not.
8:10 pm
>> note to self-as deb feyorick just said. all right, thanks to both of you. people have been saying this conversation, if it was in a voice merrill, they don't know. if they can find out that, can obviously become crucial. still to come, more breaking news. there were three more arrests in the case today. authorities say three young men knew their friends were behind the boston bombing and then covered up for them. plus, what shocking thing early american columnists ate when they ran out of food and the specific proof that archaeologists have unearthed. and these stills are taken of a plane that crashed seconds after takeoff. it is impossible to watch and impossible not to watch. that is the best way i can describe it to you. but it is -- this is the first time there has been a video like this of something this significant. we're going to look at it frame by frame from takeoff to the end to find out what went wrong. the kyocera torque lets you hear and be heard
8:11 pm
even in stupid loud places. to prove it, we set up our call center right here... [ chirp ] all good? [ chirp ] getty up.
8:12 pm
seriously, this is really happening! [ cellphone rings ] hello? it's a giant helicopter ma'am. [ male announcer ] get it done [ chirp ] with the ultra-rugged kyocera torque, only from sprint direct connect. buy one get four free for your business. by going low. tdd# 1-800-345-2550 like offering schwab etfs tdd# 1-800-345-2550 with the lowest operating expenses tdd# 1-800-345-2550 in their respective lipper categories -- tdd# 1-800-345-2550 lower than ishares tdd# 1-800-345-2550 and vanguard. tdd# 1-800-345-2550 and with all our etfs commission-free tdd# 1-800-345-2550 when traded online in a schwab account, tdd# 1-800-345-2550 it leaves our investors with more money to invest. tdd# 1-800-345-2550 something they've come to count on with us. tdd# 1-800-345-2550 so as investors continue to set their portfolio goals high, tdd# 1-800-345-2550 we help keep their costs of investing low. tdd# 1-800-345-2550 give us a call and open an account today. tdd# 1-800-345-2550 carefully consider prospectus information, including tdd# 1-800-345-2550 investment objectives, risks, charges, and expenses. tdd# 1-800-345-2550 request a prospectus by calling schwab at 800-435-4000. tdd# 1-800-345-2550 read it carefully before investing. tdd# 1-800-345-2550 fees and expenses apply. tdd# 1-800-345-2550 investing involves risks, including loss of principal. tdd# 1-800-345-2550
8:13 pm
8:14 pm
there are three new arrests in the boston bombing case, surprising many late today. the three friends of tsarnaev are now in jail. i want you to look at these faces, they look like they're 10 years old. they're 19. very young. two of the friends are with jahar in times square. they're both 19 from kazakhstan and they were in this country on student visas. the third friend shown here is
8:15 pm
an american citizen. also 19. according to the complaint filed against them today, the three friends went to tsarnaev's dorm room after the bombing, at that time in the room, they noticed a backpack filled with fireworks that had been -- according to the complaint -- emptied of gun powder. the complaint, there were two here, alleged that the three young men then took that backpack and went back to their homes. it was there that he told authorities that he started to freak out because it became clear from a cnn report that we were watching that dzhokhar was one of the boston marathon bombers. that caused a big debate. again, akortding to the man in his complaint, the three had a discussion about what to do with the backpack and fireworks. and according to the boy, they collectively decided to take the backpack and fireworks and throw
8:16 pm
them into the trash because they didn't want tsarnaev to get into trouble. brian todd is outside the courthouse in boston. now, brian, cameras were not allowed inside the court today. we had producers and reporters who saw the suspects. how did they appear? >> they appeared very nervous. at least two of them were in handcuffs. all three were in leg shackles. alt one point the judge admonished one of them saying, "i suggest you look at me. you pay attention to me rather than looking down." of course, that was the least of their problems today. the crux of the complaint, as you just laid out, they're accused of taking that backpack out of dzhokhar tsarnaev's room, the backpack that had fireworks and vaseline and school papers and tossing it into a trash bag and into a dumpster and then lying about the entire thing to investigators. their attorneys say they didn't knowingly lie and didn't know any of that stuff was evidence in an investigation.
8:17 pm
they look forward to litigating this in court, erin. >> one interesting thing in the complaint, anyone that wants to read it, it's here. there is a footnote, brian that, says that the friends have actually while eating a meal with dzhokhar had discussed bomb making and at that one month prior to the marathon bombing, i'm reading from the footnote on page 11, dzhokhar explained to them that he knew how to make a bomb. what do you make of that? >> that's right. that is a very important footnote. the attorneys for the suspects say they had no prior knowledge of a plot. there is nothing at all to indicate that they were in any way part of any plot to bomb the boston marathon or had any knowledge of it prior to the marathon. the attorneys also say they didn't know that dzhokhar tsarnaev was a suspect after the marathon. but, of course, as you laid out in this complaint this complaint says differently. they did suspect he was a suspect after the marathon and that's why they got rid of the
8:18 pm
backpack. but that footnote about him saying that he knew how to make a bomb a month before the bombings when he's having a meal with the two students, that's -- that could be an indication that there might have been some kind of knowledge beforehand that he had those inclinations. but again, no hard evidence at all that they had any prior knowledge of that specific plot. >> right. of course, charged at this time with the cover-up after, not knowledge before. susan candiotti joins us now in new bedford, massachusetts, where two of the suspects lived and were arrested. i should mention to viewers here, susan, of course, two of these, the young men from kazakhstan were the ones that had the car with the number one license plate on it. what have you learned? >> not many people know details about them. people seemingly come and go. sometimes they said they did recognize gentleman lar coming and going. they also said they saw dzhokhar's brother in the neighborhood. so they got around.
8:19 pm
but they were stunned, absolutely stunned to see the s.w.a.t. team show up when they did. the one thing we wanted to show you is the dumpster that neighbors say is the one that was like lit one to be used. it's the only one here in the neighborhood that according to the complaint once they took that backpack with the fireworks inside. they went to this dumpster after they put it inside of a trash bag and threw it over the side. that's the one that seemed to take care of this neighborhood according to all neighbors, that's the one that was used. but these people can't believe that it's only been a few days, literally, since that s.w.a.t. team showed up on april 19th when they first came out here to take these students into custody to drill them with questions about what they knew about dzhokhar. i talked with one neighbor here who told me his story. point out that apartment.
8:20 pm
>> oh, it was that one right over there. >> what happened when the fbi appeared on the scene that night and other police? when they picked them out of the house -- when they came out of the apartment, what happened? >> they made them strip down to their scivvies and ordered them to walk backwards to the car and get on their knees. >> and this young man also said he was shocked, called it insane that these same students are now charged with allegedly attempting to get rid of evidence that might have been used in this bombing case. that neighbor said in this day and age in a post 9/11 world, how could it be that someone wouldn't be willing to come forward and tell police that they might have some information that could help them? erin?
8:21 pm
>> all right. susan, not that is what is so confounding with all the reporting tonight. the three young men arrested. the wife of one of the suspects seeing this video and not telling anybody. by the way, the maximum sentence for those three young men this may surprise you, will be five years in prison and a $250,000 fine for conspiring to cover up that act of terror. "outfront" next, facial recognition failed. why videos of the boston suspects came up empty on computer software. they could have compared the list and the faces. even with that, facial recognition couldn't answer the question of who these men were. law enforcement had to ask the public, go to human beings and say, who are these two men? why didn't the technology work? tom foreman investigates outfront.
8:22 pm
>> reporter: when the fbi release the these vote yoez during the search for the boston suspects, there is hope that computers might help as they do on shows like "csi," comparing facial features with existing data and coming up with a name. >> hello, harry. >> reporter: but even though pictures of both brothers were in public data bases, the computers that searched that data missed them and came up empty. the government has been working on facial identification software since the 1960s and companies like facebook and apple use similar technology to tag people in photos. but security analysts widely admit this technology is not good enough to spot a suspect in a crowd. mario savilas runs the biomet biometric center. >> one of the problems is low resolution. when you look at images collected from center city tv footage, the faces are way too small. >> reporter: his team is developing next generation software to change poor and
8:23 pm
partial images into much clearer pictures. they're creating programs that can reliably match images of people to their true identities, despite low light, movement, odd positions. >> it is a big challenge. how do you match an image that is 60 degrees, 45 degrees off angle to a face that's just a frontal sort of, you know, passport type photo? >> reporter: they're even transforming flat pictures into 3-d. look at what the lab did with a single photo of me. in less than an hour, it was turned into a series of images showing how i might look from above, from the left, from the right. he believes such programs can and will substantially improve the reliability of facial recognition and lead police to suspects much faster. >> and ultimately, hopefully save a life. that's our aim, that's our goal. that's everything we do here.
8:24 pm
>> for now the fbi is installing the latest version of facial identification software to work with security cameras coast to coast as part of a billion dollar program called next generation identification. still, in boston it wasn't technology but human investigators who triumphed. for "outfront," tom foreman, washington. >> pretty amazing when you saw all the angles of tom's face, you could see how it was so simple with any angle, but it really isn't. still "outfront," deta2ils about what the first colonists ate when they ran out of food and you know what? could be an ancestor of yours. plus, a new suspect in the bombing in benghazi. and what went wrong? these photos are taken of a 747 that crashed seconds after takeoff. we'll dissect the first video from takeoff to end. if there was a pill
8:25 pm
to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin dedicated to your eyes, from bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. ocuvite is uniquely formulated to help protect your eye health. now that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health. and now there's ocuvite eye + multi. an eye vitamin and multivitamin in one. email marketing from constant contact reaches people in a place they're checking every day --
8:26 pm
their inbox. and it gives you the tools to create custom emails that drive business. it's just one of the ways constant contact can help you grow your small business. sign up for your free trial today at when she's happy, she writes about bunnies. when she's sad, she writes about goblins. [ balloon pops, goblin growling ] she wrote a lot about goblins after getting burned in the market. but she found someone to talk to and gained the confidence to start investing again. ♪ and that's what you call a storybook ending. it's not rocket science. it's just common sense. from td ameritrade.
8:27 pm
8:28 pm
we start the second half of our show with stories where we focus on reporting from the front lines. a new and rather jarring revelation has been made by archaeologists excavating the jamestown colony site in virginia. apparently settlers in 1609 resorted to cannibalism. they used to brag about being able to trace your family there, maybe you should think good. tim horn tells us that they found the remains of a skull and partial bone leg of a 14-year-old girl. they're calling her jane. he says cut marks on the remains is the physical evidence of cannibalism, the only evidence so far of cannibalism found in the americas during this time committed by settlers.
8:29 pm
the harsh winter also known as the starving time. they believed that she already died of starvation. the average lifespan during the 17th century was about 50 years. political tensions in venezuela may have just boiled over. providing a lesson for boehner and reid, here's what they can do, look at this. lawmakers literally throwing blows over their business. this is a fight that captures government cameras pa rolling on the national assembly. things are being tossed and hurled. maybe if this just happened in washington these guys could get it out of their system. but they're still fighting over who actually caused this brawl. one thing is clear though, opposition congressman seemed to get worst of it. look at this guy. blood dripping down his face during an interview. here he is severely beaten up. according to a study, this is the natural way to do things. did you know that human hand actually evolved for fighting, experts tell us. not for writing.
8:30 pm
for fighting. facebook stock slightly up since the market closed after releasing earnings this afternoon. investors focus on the company's mobile business and came through on mobile advertising. it was about a third of facebook's ad revenue. that is crucial. last year it was zero. growth in mobile monthly active users slowed but focus on daily users and that metric increased. it has been 636 days since the united states lost its top credit rating. what are we going to get it back? stocks fell today. investors upset after reports showed a slowdown in hiring and manufacturing and the fed today said it is ready to either increase or not cut the pace of the controversial stimulus program. that's not very helpful in terms of guidance. and now our fourth story "outfront." new leads in the benghazi attack after an avalanche of criticism for the fact that absolutely no one has been held accountable.
8:31 pm
today the fbi released photos of three men they want to question about the september 11th attacks on the u.s. consulate in libya that killed chris stevens and three other americans. the men were on the ground of the consulate during the attack and may be able to provide information. the question is, why did it take about eight months to figure this out? to get these photos to the public? would it ever had happened if there didn't continue to be such incredible controversy about benghazi? barbara starr is "outfront" with the latest y is the fbi releasing the photos now? >> well, that's a great question, erin, to which there is no immediate answer. what a surprise. the fbi says they're doing it simply because they're at the point in the investigation where it makes the most sense. you're right, eight months later, these men -- where are they? who knows where they are? they want to talk to them. they say this video surveillance camera saw them there the night of the attack and they want to see what they know about it and not calling them suspects yet. >> you know, do we have any more
8:32 pm
information about who these men are? any details? >> to be totally honest, not a whole lot. they all turned up on the fbi website in the last several hours which is very short statement that the fbi wanted to ask the people of libya, people around the world to take a look at these pictures. do you know these men? we want to talk to them. we want to see what they know about the attacks. that's pretty much it. but it raises some very interesting questions what else does the fbi know? what kind of cooperation are they getting from the libyans? why are they focusing in on these three men and these pictures of them there the night the attack happened in september? erin? >> all right. of course, the timing of why now going to be a crucial question that is going to get asked and asked until it's answered. thanks to our barbara starr. and now the dramatic video we have tonight of a civilian cargo plane crash that killed seven americans on monday.
8:33 pm
just moments after taking off from bagram air base in afghanistan. seven on board were from michigan, the other from kentucky. it's a horrible tragedy. it is, though, incredibly rare for a plane of this size to crash and understanding what happened is essential. an american contractor nearby filmed the takeoff because it is unusual to see planes of that size so close. and the video may be able to answer what went so terribly wrong. i want to warn you before i play it, i'm going to do so without the sound so you can see it. i want to warn you that it is very difficult to watch this. >> the scene was so shocking >> the scene was so shocking that the contractor was too
8:34 pm
stunned to even react. you don't hear a scream. you don't hear anything for minutes here. "outfront" tonight, an aviation crash expert and professor of aeronautics at m.i.t. i appreciate you being with us, sir. a video that is horrible to watch. it is impossible not to watch it. i want to take a look at the video and go through it with you. you can obviously understand what happened here is so crucial. i want to mention to our viewers we're not going to show the point of impact again. we're going to throw this now frame by frame. you can see the plane actually ascending into the air at about 12 seconds or about that as it's going up here. you can see the jet seems almost normal.
8:35 pm
and then as you watch it, it kind of appears to stall. and then you see the nose pull up. the tail appears to drop. this is all to a lay person's eye. did something go wrong here or not? >> well, so what we see in the video is actually first you see the left wing go down. it sort of rocks left. and then the right-wing goes down. and you can see then the nose follows down to impact. and what this appears to be is basically the airplane is stalling. on a swept wing jet like this, you'll tend to have the wing stall at the tips. they lose lift at the tips and tend to bring the nose further up. so it appears that we have a stall now.
8:36 pm
we don't know yet why they stalled. there's a couple of things that could be. first off in a military base like this when you're in hostile territory, it's normal procedure to do a very steep climb to get away from surface-to-air missiles. so they would be climbing steeper than you would have in a normal departure. that should have been fine. it could have been that the trim settings were incorrect so the nose went up higher than expected on the takeoff. there is speculation that there may have been a cargo shift. but, again, because they were climbing at such a steep angle to get away from any ground threat, they were closer to stall than we would normally be in a normal takeoff. >> that's interesting you say that. you know, they're not on a 747 but on military aircraft and the takeoff and landings are shockingly steep. coming in and out of that very
8:37 pm
airfield now that you say that. i'm thinking about that. i want to play the part where you talk about first the plane leans one way a little bit and then, you know, looks like it is making a natural bank but then goes the other way and into that horrific move down. clearly, something as horribly wrong is at that point. what accounts for that that it goes one way and then the other way, perpendicular to the ground right there? >> sure. so normally what happened -- when you normally are flying with a wing, you're getting lift under both wings. what appears to have happened is if you try to climb too much, the wing can't generate enough lift and you get separation of the flow. it appears that there was a problem on the left wing, you know, it started to go. and it was corrected. but then the right-wing stalled and it stalled hard to the right. and then it actually appears the crew is recovering, that the nose is starting to come down. and there simply wasn't enough altitude left for the airplane to recover before -- get back to the flying condition before it hits the ground. >> right. on that point, let me ask you that. you're referring to, as it's
8:38 pm
coming down perpendicular, it rights itself toward the end. do you believe that is the pilot that is doing that is the first question? and the second question is, obviously, at that point they're over a road. who knows what could have done a safe landing. it is also full of fuel. if the only option at that point -- first of all, was it him able to right it? is his only option to try to land it if he had space, can you land a plane of that size full of fuel without it exploding? >> it does appear the crew is trying to correct it. the right-wing dropped. again, what you would normally do is try to get the nose down to get it flying, reduce the angle. it wasn't that there wasn't enough distance in front of them. there just wasn't enough altitude. so they basically, if they had been higher up when this happened, there is a chance they could have pulled it out. but from looking at the dynamics at the time it occurred, there really just want any chance for them to get out of it. >> right. it looks like the pilot was trying to do the right thing. i'm thinking of the air france crash. they came down to where there was a problem. plenty of altitude. they did the wrong thing when this all happened. >> yeah, they appeared to have the right correction for the stall happening. the real question is why did it happen? >> all right. thank you so much, sir.
8:39 pm
we appreciate you taking the time. still "outfront," we have exclusive new photos of the friend and former high school classmate of the boston bombing suspect dzhokhar tsarnaev who was arrested today. and the president taking heat from liberal critics. is mr. obama to blame for the so-called do nothing congress? welcnew york state, where cutting taxes for families and businesses is our business. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and we're creating tax free zones for business startups.
8:40 pm
the new new york is working creating tens of thousands of new businesses, and we're just getting started. to grow or start your business visit from the united states postal service a small jam maker can ship like a big business. just go online to pay, print and have your packages picked up for free. we'll do the rest. ♪ recently, jcpenney changed.
8:41 pm
some changes you liked. and some you didn't. but what matters with mistakes is what we learn. we learned a very simple thing. to listen to you. to hear what you need to make your life more beautiful. come back to jcpenney. we heard you. now we'd love to see you. ♪
8:42 pm
and this just in to cnn. i want to share it with you. new pictures of the friend,
8:43 pm
former high school classmate the boston bombing suspect dzhokhar tsarnaev. filippo was arrested today for conspiring to cover up the crime. there is the picture of the two at cambridge high school in cambridge, massachusetts. tsarnaev is in the front. let's go to ashleigh banfield. you're learning more about robel philipos. robel has been a mystery. what have you learned? >> well, i think this is one of the biggest mysteries when we heard the names that were being, you know, brought out in court today. the two catholic students and then the american student. we were trying to figure out what connection when these american students made anden with to dzhokhar tsarnaev. the connection may go right back to their high school days together. that is the class of 2011 you were looking at a portion of. you can see the two of them
8:44 pm
seated within touching distance of one another. here's what i can tell you about what we know. we met one of their classmates who knows both of these two people. the classmate says that he played basketball with robel and he had gym class with dzhokhar tsarnaev. what he could say about robel philipos is he was a fun guy, an easy going guy. a bit mouthy. what does that mean? you know, talking smack on the basketball court. generally speaking a pretty fun guy. and then as for the connection between the two of them, my contact, my source could not say if they knew each other or knew each other well but they had a lot of mutual friends. can you see from the photograph together that, photograph that you're looking at is not robel phillipos. i want to make sure the person
8:45 pm
in the cap that popped oun the screen is another student unrelated 100% to this. but the student seated in the class picture with the red circles around, you can see the upper one is robel phillipos and the other one is dzhokhar tsarnaev. you can see the class portrait. that is the class of 2011 when they had the individual portraits. the school is cambridge latin high school. once again this is a large class about 400, class of 2011, graduating together. >> all right. thank you very much, ashleigh banfield. appreciate it. our fifth story "outfront" tonight, liberals turning on obama. they hammered the president for blaming congress for not getting more things accomplished. dowd writes, "actually it is his job to get them to behave. the job of the former community organizer and self-styled uniter is to somehow get this dunderheaded congress to do the things at the wants them to do. it is called leadership." and "the washington post" piled on writing, "it's the president's job to lead and to bang heads if necessary regardless of any permission structure. obama seemed oddly like a spectator as if he had resigned himself to a reactive presidency."
8:46 pm
these are harsh words and, no, they are not coming from members of the right. "outfront" tonight, cnn contributor and democratic strategist hillary rosen, stephanie miller and political comedian. you read a quote from this and think it came from someone else. but it didn't. >> no. >> these are people who supported the president. these are harsh words. >> they are harsh words. i'm on the progressive side. i think president obama is in danger of becoming a lame duck president. no more legislative accomplishments other than obama care, that's all we might see. we saw it with extended background checks for guns. it's not republican/democrat, it's congress. obama can't change them, but it's his legacy that's at risk. >> and yet, stephanie, we keep hearing the president talk about congress and frustrated with congress. no one in those articles and no one is going to defend congress.
8:47 pm
we know their approval rating is way worse than his. but what about this point? ultimately, the buck stops with you, dude. >> you know, i got to say, erin, even senator pat toomey said today, the republican who was behind the background check bill, he said people voted against it because they did not want to be seen as helping the president. this congress -- these republicans, erin, are provably and historically obstructionist. they just are. and i'm sorry, whatever maury maureen dowd wrote, and i love maureen dowd, but we don't live in an aaron sorkin liberal fantasy where sorkin gets to write everybody's lines, including the republicans. >> is there a point here, though? because i'm starting to wonder, look, you can blame him or not blame him, it kind of doesn't matter, but to dean's point, if he can't get anything done, what is the point of second term? >> well, first of all, there is
8:48 pm
a lot that he has gotten done. and i think will still get done. and -- but there's one thing he cannot fundamentally change, and that is that the very most important job for every member of congress, as they see it, is to get themselves re-elected. that's not going to change. and so when you have situations in the senate where you have moderate republicans and conservative democrats kind of being given a pass by their leadership or by their constituents or by their campaign managers, that -- like, that's not going to change. and president obama can't do that. the one thing that i think maureen makes a good point about, though, it's worth the white house paying attention to this, is that the president should never say i've done everything i can do. because nobody ever has. right? there's always more to do, there's always more to try and you can never be seen as kind of throwing up your hands and saying, well, it's all on them. and i'm done. and i think that that's kind of the -- the one sort of maybe even stylistic mistake that the president made in the press conference or he's making now, is that -- he needs to give people more that they can do, and he needs to keep doing more
8:49 pm
himself, and the republicans and stephanie is absolutely right, mitch mcconnell bears more of this blame than the president does but we ought to just keep talking about it. we ought to just keep pushing at it, and i think the president can never say it's -- you know, it's up to you guys now. he always has to have some new activity that he and other people can do to keep trying. >> dean, what about this point, you're president of the united states. you are the president. you have a lot of powers, executive powers. >> you can do it through that and that's one thing -- >> kind of the whoa is me, you guys are hosing me, people eventually don't want to hear it, whether they think it's true or not. they're looking to you to do something, to stand above it. >> we want to see results. left and the right want to see it. and hillary said republicans want to be re-elected. so do democrats. that's why four democrats voted against the extended background check. only a 47% approval rating, can't use the bully pulpit lie in the past. what he can do, raise money, go to republicans in the house --
8:50 pm
>> no, so now you're saying the only reason they got a second term is to run for re-election for the next party? that is sick. >> complain about congress or change congress. if you can't change it by making friends and building alliances, raise money, get 17 seats and you have control of the house. that's how you do it. >> stephanie. >> erin, can i just say, i am so tired of this. why doesn't he just knock heads like lbj did? my dad ran against lbj. he was barry goldwater's running mate. obama did not have lbj majorities. as we have sort of alluded to. and i don't hold democrats blameless. he sometimes can't get democrats to come along. he does not have the kind of -- you know, liberal majorities that lbj did. >> but to dean's point, he doesn't -- >> some of the democrats don't go along with him. he doesn't like the wining and dining although he has been trying it. >> we shouldn't under estimate how important over the years using the budget has been as a
8:51 pm
tool for presidents, giving stuff away and stuff like that. and this president doesn't have that kind of pork to give away that previous presidents have had either. and that's an important issue that nobody really talks about. >> all right. thanks to all of you. and you know what she raises, here's what he could do in a second term. do what bill clinton did. balance the budget. all right, the essay is next. it's a holiday today. did you know that? how did you celebrate? ♪ ameriprise advisors can help keep your dreams alive like they helped millions of others. by listening. planning. working one on one. that's what ameriprise financial does. and that's what they can do with you. that's how ameriprise puts more within reach. ♪
8:52 pm
thatit's been that wayputs more since the day you met. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use
8:53 pm
and a 30-tablet free trial.
8:54 pm
8:55 pm
so today is may 1st. known as may day. people around the world hold parades and parties, unlike christmas and new year's, this time different people celebrate may day in different ways. the one i was most familiar with is the pagan ceremony including costumes and may poles and bonfires and orgies by night. celebrates growth and, of course, fertility and encourages a new beginning. that's not the only way to celebrate today. may 1st is also an international workers day and unions staged marches and demonstrations and protests in celebration of the labor movement. and that is the most common may day celebrated in america that we know. you know, maybe there's some orgy bonfires out there, but there's other ways, too. in hawaii, today is lei day, when hawaiians celebrate island
8:56 pm
culture and the beginning of a new season. and many other states, americans celebrate loyalty day where they reaffirm their loyalty to the united states and recognize american freedom. i love the idea of loyalty day because it celebrates this country. what if we could take pieces of all of these and put them together. have a bonfire, go crazy, celebrate your family, your labor, your culture. and the united states all at once. we want to know if you celebrate mayday, and if so, how do you celebrate? "piers morgan" is next. tdd: 1-800-345-2550 all in one place. tdd: 1-800-345-2550 introducing schwab etf onesource.. tdd: 1-800-345-2550 it's one source with the most commission-free etfs. tdd: 1-800-345-2550 one source with etfs from leading providers tdd: 1-800-345-2550 and extensive coverage of major asset classes. tdd: 1-800-345-2550 all brought to you by one firm with tdd: 1-800-345-2550 comprehensive education, tools and personal guidance tdd: 1-800-345-2550 to help you find etfs that may be right for you.
8:57 pm
tdd: 1-800-345-2550 schwab etf onesource. tdd: 1-800-345-2550 for the most commission-free etfs, tdd: 1-800-345-2550 you only need one source and one place. tdd: 1-800-345-2550 start trading commission-free with schwab etf onesource. tdd: 1-800-345-2550 call, click or visit today. tdd: 1-800-345-2550 carefully consider prospectus information, tdd: 1-800-345-2550 including investment objectives, risks, charges, and expenses. tdd: 1-800-345-2550 request a prospectus by calling schwab at 800-435-4000. tdd: 1-800-345-2550 read it carefully before investing. tdd: 1-800-345-2550 commission-free trades are only available online at schwab. tdd: 1-800-345-2550 fees and expenses apply. tdd: 1-800-345-2550 investing involves risks, including loss of principal.
8:58 pm
and do you know your... blooa or b positive?? have you eaten today? i had some lebanese food for lunch. i love the lebanese. i... i'm not sure. enough of the formalities... lets get started shall we? jimmy how happy are folks who save hundreds of dollars switching to geico? happier than dracula volunteering at a blood drive. we have cookies... get happy. get geico. fifteen minutes could save you fifteen percent or more.
8:59 pm
9:00 pm
kaz good evening, this is piers morgan, live, 9:00 out west, tonight, breaking news in the boston bombing case, the video is showing the moment the two suspects were taken into custody, as police were hunting for dzhokhar tsarnaev. >> oh, my god, you think it is him? >> come out with your hands up. no one will get hurt. >> everybody stay there, okay? do not move. >> dzhokhar tsarnaev come out. >> do not stand up. it's okay, it's okay. >> dzhokhar tsarnaev, you are being arrested now. come out with your hands up and elevate your hands.